Accent Housing Limited (202324191)
REPORT
COMPLAINT 202324191
Accent Housing Limited
30 June 2025
Our approach
The Housing Ombudsman’s approach to investigating and determining complaints is to decide what is fair in all the circumstances of the case. This is set out in the Housing Act 1996 and the Housing Ombudsman Scheme (the Scheme). The Ombudsman considers the evidence and looks to see if there has been any ‘maladministration’, for example whether the landlord has failed to keep to the law, followed proper procedure, followed good practice or behaved in a reasonable and competent manner.
Both the resident and the landlord have submitted information to the Ombudsman and this has been carefully considered. Their accounts of what has happened are summarised below. This report is not an exhaustive description of all the events that have occurred in relation to this case, but an outline of the key issues as a background to the investigation’s findings.
The complaint
- The resident’s complaint is about the landlord’s handling of her:
- Reports of damp and mould and subsequent repairs.
- Reports of the shower not working.
- Reports of damage to the resident’s car.
- We have also considered the landlord’s complaint handling.
Background
- The resident is a secure tenant of the landlord, a housing association. The property is a two bedroom house. The tenancy commenced via a deed of assignment on 21 November 1993.
- On 31 January 2023 the resident raised a complaint to the landlord about damp and mould in the property. She also complained that her shower was not working.
- The landlord issued its stage one response on 10 February 2023. It acknowledged the resident’s complaint was about mould growth in the bedroom and a missed appointment. It explained:
- An appointment to survey the mould had been arranged for 16 February 2023. Following this, required repairs would be raised.
- An appointment to attend to the stop valve was missed on 18 January 2023 and rescheduled for 6 February 2023.
- On 6 June 2023 the resident called the landlord about the damp and mould. She stated this was everywhere in the property. She also explained the shower and extractor fan were not working. The resident informed the landlord she had a 2 week old baby living in the property. She was unhappy that the surveyor was not responding to her.
- The landlord stated the surveyor had attempted to call the customer on a couple of occasions, but this had not been logged on the system. The jobs were raised on 6 June 2023.
- On 29 June 2023 the resident called the landlord chasing for the required works from February’s inspection. The operative was unable to see any notes of this on the system, and forwarded the task to the surveyor. The resident explained that she would be seeking legal advice regarding the delays.
- The landlord’s contractors attended on 24 July 2023, to install the bathroom extractor fan, cut the masonry step, and install installation air bricks.
- On 24 July 2023 the resident raised a complaint to the landlord about:
- Damp and mould in all rooms, including the living room floor. She stated it felt spongey and she believed water was beneath it.
- The bathroom shower repair had not been completed.
- The newly fitted bathroom fan was not working.
- Her car had been damaged by cement when its operatives were carrying out repairs.
- On 25 July 2023 the landlord wrote to the resident and explained that after speaking to both its contractor and the resident, it understood the bathroom fan was fitted but not operational. This was due to the way the previous fan was wired. It confirmed the electrician would carry out alterations and fit the positive input ventilation unit. It explained that once the materials arrive, the operative would contact her to book in the works. The landlord acknowledged the resident had previously asked for the first bedroom vents not to be installed, it explained this needed to be done to facilitate airflow.
- On 26 July 2023 the landlord provided the resident with an update. It explained it was awaiting a date from the electrician to install the positive input ventilation unit and connect the bathroom extractor fan. It stated it would provide her with an update.
- On 27 July 2023 the landlord contacted the resident to explain the works had been raised with its contractor. It also advised it would pass on her details so she could discuss any outstanding work.
- On 4 August 2023 the resident chased repairs from the landlord. This was further chased on 8 August 2023 when the resident contacted the surveyor. She asked when the repair works would be completed. The bathroom extractor fan and installation of the positive input ventilation were outstanding. She also asked for an update with regards to her car being damaged.
- The resident further contacted the landlord on 10 August 2023, asking for an update.
- On 3 September 2023 the resident wrote to the landlord and asked for her complaint to be escalated to stage two. She complained that:
- The landlord had not responded to her emails.
- It failed to acknowledge or respond to her stage one complaint.
- Repairs had been ongoing for a significant period of time.
- Her car was damaged by its contractors. She had evidence of them cleaning the cement off her car.
- The resident wrote to us on 14 September 2023. She explained she had raised a complaint to the landlord on 24 July 2023, however it failed to respond. She chased this on 21 August 2023 and still did not receive a response. On 3 September 2023 she asked for the complaint to be escalated to stage two. The resident had not received a response from the landlord. Her complaint was about:
- Damp and mould throughout the property which had been ongoing for years. She explained the living room floor was spongey due to damp.
- A bathroom vent was fitted but follow on work has not been done.
- Her car was damaged when the landlord carried out a repair in July 2023.
- On 23 October 2023, contractors attended the resident’s property to install the positive input ventilation unit.
- A stage two response was issued on 6 November 2023. The landlord explained:
- Its surveyor visited on 16 February 2023 to survey the damp, mould and repairs. It had found there was a lack of ventilation in the property. Therefore the following repairs were raised:
- Install extractor fan in bathroom – This was installed on 24 July 2023, however further works were needed to complete the installation. Its surveyor had contacted the resident, however she was at hospital. When she had returned from the hospital the installation was completed on 23 October 2023.
- Install a positive input ventilation unit – This was installed on 23 October 2023. Its contractors had tried to contact the resident to schedule appointments, however she was in hospital.
- Outdoor step to be cut – A repair was completed on 24 July 2023.
- Installation of air bricks – A repair was completed on 24 July 2023.
- The landlord acknowledged there was a delay in having these works carried out as the repairs were incorrectly raised against another address, It apologised for this and offered £50 compensation .
- The resident had inherited the bathroom suite as part of the mutual exchange. This had been installed by the previous resident. The landlord explained this would therefore usually fall under the resident’s responsibility however as a gesture of goodwill it agreed to carry out a repair. This was scheduled for 10 November 2023. The landlord explained the resident’s bathroom was due to be renewed in 2027.
- Its surveyor visited on 16 February 2023 to survey the damp, mould and repairs. It had found there was a lack of ventilation in the property. Therefore the following repairs were raised:
- The resident contacted our service to explain she was unhappy with the landlord’s findings. She explained:
- It had not addressed the damage to her car.
- There was a lack of communication.
- She was unhappy with the length of time it took to carry out repairs.
- She would like the new bathroom to be fitted sooner than 2027.
- She was seeking more compensation, for stress, inconvenience and damage to her car.
Assessment and findings
- The resident had initially raised a complaint on 31 January 2023 which the landlord responded to at stage one. She then raised a further complaint on 24 July 2023 and asked for this to be escalated to stage two on 3 September 2023. As the issues in the complaints are linked, this investigation has taken into consideration both complaints.
Reports of damp and mould and subsequent repairs.
- The landlord has an obligation under Section 11 of the Landlord and Tenant Act 1985 to keep the structure and exterior of the property in good repair.
- The landlord’s repairs policy sets out its repairs response timescales. Emergency repairs, where there is a danger or immediate risk to health and safety, will be attended to within 4 hours to make safe. All emergency repairs are completed within 24 hours of being attended. Routine repairs are completed within 28 days.
- The landlord’s damp and mould section states that after a report of damp and mould is made, it will speak with the resident to work out the cause or source of the problem, then organise a visit to the property. This visit may include:
- A home inspection to determine the cause and solution.
- Repair work to fix the problem, for instance, structural issues in the home or plumbing issues causing leaks.
- Improving ventilation by installing extractor fans in kitchen and bathroom.
- Treating the mould with chemicals to stop it coming back.
- In this instance, we see on 31 January 2023 that the resident had raised a complaint to the landlord about constant mould growth in her bedrooms, living rooms, bathroom and kitchen. She had expressed upset that a scheduled appointment for 13 January 2023 had been missed.
- We have reviewed the landlord’s damp and mould records. These show:
- 10 January 2023 – A report was made regarding the cistern sweating, condensation, and water on the floor. It stated the stopcock in the wall needed to be checked. This appointment was missed and rescheduled for 18 January 2023.
- 18 January 2023 – Engineer attended and found the condensation was caused by how cold the mains pipe work is and how warm it was in the bathroom. The main stopcock had seized and would need replacing, but before this could be done a new access panel would need to be fitted to gain access.
- 6 February 2023 – Engineer attended to complete work to stopcock.
- 7 February 2023 – The resident asked the landlord to book an inspection for the damp and mould. She had attempted to contact the surveyor but had no answer.
- 15 February 2023 – The resident called advising the surveyor can attend tomorrow however asked if this could be rebooked for 22 or 23 February 2023 when she is available.
- 17 February 2023 – The resident called to ask if the surveyor was still attending.
- 6 July 2023 – The resident called regarding the visit in February 2023, she explained the damp and mould was everywhere. She told the landlord there was a 2 week old baby in the property. The shower and extractor fan were also not working. She had tried contacting the surveyor however had no response.
- 6 July 2023 – Works were raised to remove internal air vents within both first floor bedrooms and subsequentially make good the wall and finishes. A vent was to be fitted with a passive vent unit. The records state this was completed on 20 October 2023.
- 6 July 2023 – Works were raised to remove external front entrance masonry step and subsequentially rebuild, ensuring the existing damp proof course level was not bridged. The repair records state this was completed 1 August 2023.
- We have reviewed the records and cannot see the surveyor’s report from February 2023. However we note the evidence suggest this did happen and the findings were that works to vents, extractor fans, and masonry step were needed to help alleviate the damp and mould in the property.
- The evidence shows that despite this survey being done in February 2023, the repair works requests were not raised until 6 July 2023. The resident was also chasing these repairs and had difficulty communicating with the surveyor.
- On 24 July 2023 the contractor completed repairs to the masonry step and air bricks. It also had attempted to install the extractor fan, however this did not work and required follow on work. The evidence shows the resident continued to chase the landlord for these works to be completed however at times there was a lack of response to the resident.
- The landlord’s notes state the surveyor had been in touch with the resident, however this was not logged on its internal system. In the absence of documented records, it is not possible to determine what actions were taken or when they occurred. Without this, the landlord has not been able to demonstrate to us that it took the appropriate steps in response to the resident’s reports. It is the landlord’s responsibility to ensure that all repair records are accurately and promptly maintained in the system. Based on the available information, we are not satisfied this was done.
- The landlord’s formal response stated its contractor had contacted the resident in July 2023, however she was in hospital at the time. Following her return home from the hospital an appointment was booked for 23 October 2023 to install the positive input ventilation unit. Whilst we acknowledge the landlord’s reason for the delay, the evidence shows that during July, August and September 2023 the resident was chasing a repair. There is a lack of evidence to show that the contractor was responding to and addressing the resident’s repair reports promptly, therefore we find there has been a failure by the landlord.
- In the stage two response, the landlord also stated delays to having the repairs completed were because repairs were incorrectly raised against another address. For the administration error it apologised and offered £50 compensation.
- Whilst the landlord acknowledged its errors, this caused avoidable delays. Accurate record-keeping is essential to ensure that repairs are carried out in a timely manner. This delay caused inconvenience and distress to the resident.
- Overall whilst we acknowledge the landlord eventually conducted a repair the evidence does not demonstrate that the landlord appropriately handled the resident’s reports of damp and mould in a timely manner. Therefore we have found maladministration. In line with our remedies guidance we have ordered the landlord to pay the resident £350 compensation. This is to reflect the distress and inconvenience caused to the resident as a result of the prolonged delays in resolving the damp and mould. It is also to reflect the lack of communication and the resident having to chase the landlord and its surveyor.
Reports of shower not working.
- The resident’s property contains 2 showers and a bath. The resident had made a report to the landlord on 31 January 2023 that her shower was not working correctly. On 6 July 2023, she contacted the landlord again about issues concerning the shower.
- The landlord’s responsive repairs policy states it is responsible for essential services, such as central heating and plumbing. It would usually be required to conduct a repair within the timescales set out in its policy. This is 24 hours for emergency repairs and 28 days for routine repairs.
- The landlord’s website provides a full list of the resident’s responsibilities. For bathrooms it states residents would be responsible for plumbing and the replacement of fixtures and fittings they have fitted.
- In this instance the resident had inherited the bathroom and it is understood the bathroom had been fitted by the prior tenant. The landlord had explained this to the resident in its stage two response dated 6 November 2023. However it agreed to have a repair completed as a goodwill gesture. The repair records show this was completed in November 2023.
- We are satisfied the landlord correctly informed the resident of its position regarding repairs to fixtures it had not installed. However the evidence shows the resident had informed the landlord of issues concerning the shower in January 2023. Despite this, we have not seen any evidence that it appropriately responded to the resident at the time or informed her of its position then. This resulted in distress to the resident and we see she continued to chase a repair throughout the year. For this reason we have found there was failure by the landlord.
- In summary, while we acknowledge this would have not been the landlord’s responsibility to repair, there was poor communication with the resident to inform her of its position. There were also delays in addressing the report. We have therefore found service failure. In this instance we see there was no permanent impact to the resident, however distress and inconvenience was caused. For this we have ordered the landlord to pay £150 compensation.
Reports of damage to the resident’s car.
- The resident stated that when contractors attended the property on 24 July 2023 to carry out repairs, they got cement on her car. She expressed upset over the landlord’s handling of this report.
- We have reviewed the evidence and can see the resident contacted the landlord on 24 July 2023 to inform it about the damage to her car. She informed it she had evidence to support her claim and provided this. The resident continued to contact the landlord about this in August and September 2023, asking for an update on the next steps. However we have not seen evidence to show the landlord responded to this.
- During November 2023 the resident further expressed upset that the landlord had not addressed this matter in its stage two response.
- Section 12 of the landlord’s complaints and compensation policy states, “Customers are expected to arrange their own home contents insurance, which will cover them for loss of, or damage to, their personal possessions. There may be no right to compensation from us where any loss or damage would normally be covered by a household contents insurance policy and where we have not been at fault.”
- In circumstances where the resident is claiming damage to personal belongings and considers that the landlord or its contractors is responsible for this, we would expect the landlord to provide information on the process to make a claim. We have not seen any evidence to confirm the landlord addressed the resident’s claim or redirected her to its insurer. Therefore we have found maladministration in the landlord’s handling of the resident’s report. This is because it did not take steps to explain its position and this meant that the resident was left in a position of uncertainty where she did not know whether the landlord would accept responsibility.
- The landlord’s compensation policy does not states specific amounts it awards for service failures. We have taken into consideration our remedies guidance. This explains where there was a failure which adversely affected the resident, In line with our guidance we have made an order of compensation for £150 to recognise the time and trouble the resident took in pursuing this matter.
The landlord’s complaint handling.
- The resident explained the landlord failed to respond to her complaints. This resulted in her sending several emails. She was unhappy with its lack of communication.
- The landlord’s complaints policy states it will acknowledge residents’ complaints within five working days. Following the acknowledgement it will investigate and aim to respond within 10 working days. For stage two, the landlord aims to respond within 20 working days. If unable to do so, it will notify its resident and aim to send out a response no later than a further 10 working days.
- The evidence shows the resident raised a formal complaint on 24 July 2023. She proceeded to chase the landlord throughout August 2023, and explained at the time she was unhappy with its lack of communication. We see the resident escalated the complaint on 3 September 2023 as she had not received a stage one response. However the landlord did not provide her with a response until November 2023. This response was received after our involvement in asking the landlord to issue the resident with a response.
- We have reviewed the correspondence and have not seen evidence why there was a delay in the landlord responding to the resident’s complaint. Furthermore in its stage two response the landlord did not address its handling of the resident’s complaint.
- We find the length of time to issue the final response exceeded its guidelines in its complaint policy. It took 4 months for the landlord to issue a response and during this time, the resident chased for a response which caused further inconvenience and distress. There was therefore service failure in the landlord’s overall complaint handling.
- The Ombudsman has therefore made an order for the landlord to pay £100 compensation in recognition of the failing in its complaint handling. This reflects the inconvenience, stress, and impact the resident experienced as a result of waiting for the landlord to respond within its internal complaints procedure.
Determination
- In accordance with paragraph 52 of the Housing Ombudsman Scheme, there was maladministration by the landlord in its handling of the resident’s reports of damp, mould and subsequent repairs.
- In accordance with paragraph 52 of the Housing Ombudsman Scheme, there was service failure by the landlord in its handling of the resident’s reports of the shower not working.
- In accordance with paragraph 52 of the Housing Ombudsman Scheme, there was maladministration by the landlord in its handling of the resident’s reports of damage to the resident’s car.
- In accordance with paragraph 52 of the Housing Ombudsman Scheme, there was service failure in the landlord’s complaint handling.
Orders and recommendations
Orders.
- The landlord to pay the resident a total of £750 compensation in recognition of the maladministration identified in this report. This is made up of:
- £350 compensation in recognition of the distress and inconvenience caused by its handling of the resident’s reports of damp, mould and subsequent repairs.
- £100 compensation in recognition of the distress and inconvenience caused by its handling of the resident’s reports of shower not working.
- £150 compensation in recognition of the distress and inconvenience caused in its handling of the resident’s reports of damage to her car.
- £100 compensation in recognition of the distress and inconvenience caused from its complaint handling.
- This replaces the landlord’s previous offer of £50. The ordered amount (less any amount already paid by the landlord as part of its previous offer) must be paid within 4 weeks of the date of this determination.